Ky. Court Rules on Foreseeability of Injury from Secondhand Exposure

COVINGTON, Ky. -- A Kentucky federal court has ruled on whether two asbestos defendants owed a duty to a non-employee, concluding that during the time period the exposure occurred, injury as a result of secondhand exposure was not foreseeable. Martin v. General Electric Co., et al., No. 02-201-DLB (E.D. Ky.).

In the Sept. 5 decision, the U.S. District Court for the Eastern District of Kentucky noted that courts across the country have issued split decisions on whether defendants owe a duty to non-employees, but found that in the instant proceedings, the facts align with courts that determined no duty existed.